Department of Energy: DOE's Nuclear Safety Enforcement Program Should Be
Strengthened (Letter Report, 06/10/1999, GAO/RCED-99-146).

The Department of Energy has a vast complex of research and nuclear
facilities that hold large quantities of nuclear materials. Some of the
materials have deteriorated, are not properly packaged for storage, and
may pose a significant risk to workers, the public, and the environment.
DOE uses a system of civil monetary penalties to hold its contractors
accountable for meeting the agency's nuclear safety requirements. DOE
found that, for it to be able to assess civil penalties, existing safety
requirements would have to be reissued as enforceable rules. Since 1988,
however, DOE has issued enforceable rules covering only two of 11 safety
areas originally proposed--radiation protection for workers and quality
assurance issues that define how work is planned and carried out.
Nuclear safety rules are to be enforced at any DOE facility with the
potential to cause radiological harm to workers, the public, or the
environment. Although no problems have been identified with the
application of the occupational radiation protection rule, DOE field
offices have been inconsistent in placing facilities under the quality
assurance rule. DOE began its enforcement program in 1996 and
concentrates its investigations and enforcement actions on the most
significant violations of nuclear safety rules. DOE has taken 33
enforcement actions and assessed more than $1.8 million in penalties
since 1996. Violations have included unnecessarily exposing workers to
radioactivity and not following procedures intended to prevent an
uncontrolled nuclear reaction from occurring. Some nonprofit contractors
were exempted from paying about $600,000 of the $1.8 million in assessed
penalties. DOE has recommended that the statutory exemption be continued
and even expanded. However, GAO notes that contract mechanisms have
fallen short in addressing safety-related problems and that, in contrast
to DOE, other regulatory agencies do collect penalties from nonprofit
organizations. GAO recommends that Congress consider eliminating the
provision that exempts some contractors from paying penalties when they
commit safety violations. GAO also recommends that DOE strengthen its
nuclear safety enforcement program and ensure that field offices apply
it consistently. GAO summarized this report in testimony before
Congress; see: Nuclear Safety: Department of Energy Should Strengthen
Its Enforcement Program, by Ms. Gary L. Jones, Associate Director for
Energy, Resources, and Science Issues, before the Subcommittee on
Oversight and Investigations, House Committee on Commerce.
GAO/T-RCED-99-228, June 29 (nine pages).

--------------------------- Indexing Terms -----------------------------

 REPORTNUM:  RCED-99-146
     TITLE:  Department of Energy: DOE's Nuclear Safety Enforcement
	     Program Should Be Strengthened
      DATE:  06/10/1999
   SUBJECT:  Nonprofit organizations
	     Accountability
	     Nuclear waste management
	     Safety regulation
	     Safety standards
	     Accident prevention
	     Nuclear facility safety
	     Fines (penalties)
	     Contractors
	     Occupational safety
IDENTIFIER:  DOE Nuclear Safety Assistance Program